Questão jurídica principal
Whether the appeal against non-renewal of the residence permit was admissible
Decisão extraída
The appeal was admissible because the appellant, as spouse of a settled foreign national and father of a child with settled status, could rely on Art. 43 AuG and on Art. 8 ECHR / Art. 13 BV.
Fundamentação extraída
A renewed residence permit may be claimed by foreign spouses of settled persons if they live together, subject to revocation grounds; the same follows from family life protection where the family members have secure residence status.